Website Terms and Conditions

Introduction

To the fullest extent permitted by law, the controlling language for these Conditions is English. Any translation has been provided for your convenience only.

The Websiteis owned and controlled by Killer Ink Limited (registered company number 06803935) whose registered office is at 54 Evans Road, Venture Point, Speke ,Liverpool, L24 9PB (we/us). We are VAT registered. Our VAT number is 973 6863 66. Any agreement or contract you enter into through the Website will be with us unless we notify you to the contrary. These Conditions shall apply to you when using this Website including the placing of orders for our products and services.

“Purchaser” an individual and/or business entering into a contract to purchase our services and/or products;

“Registered Studio” a tattoo studio registered with the local Environment Health Department, under the Local Government (Miscellaneous Provisions)Act 1982 or equivalent department or legislation of the relevant territory where the tattoo studio carries on its business;

“Trade Marks” our trade marks whether registered or unregistered including but not limited to “Killer Ink”;

“you” the person visiting or using the Website and who may be the Purchaser or an agent, employee, contractor, officer or member of the Purchaser.

Website usage

You are provided with access to the Website in accordance with these Conditions and any orders placed by you are placed strictly in accordance with these Conditions.

You warrant that the Personal Information which you provide is true, accurate, current and complete in all respects and in particular You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

You agree to notify us immediately of any changes to your Personal Information.

You agree to fully indemnify, defend and hold us and our officers, directors, employees, agents and suppliers, harmless from and against all reasonable claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach by you of these Conditions or any other liabilities arising out of your use of the Products, of this Website, or the use by any other person accessing the Website using your Personal Information.

We may alter the Website (or any part) with or without providing notice to you and shall not be liable to you or any third party for any alteration to or withdrawal of the Website.

We may alter the Conditions from time to time and any use of the Website after an alteration shall be deemed to be your acceptance of the alteration. It is your responsibility to check regularly to determine whether these Conditions have been changed. You must stop using the Website immediately if you do not agree with any alteration.

Your privacy is important to us. Please refer to our Privacy Policy.

Orders

Our policy is to supply Registered Studios only. A copy of your registration certificate issued by your local environmental health department (or equivalent) may be required at our discretion before initial orders are processed and at any time we in our reasonable opinion consider such a request is necessary.

You warrant that you will use the Products in compliance with all relevant laws and regulations.

You warrant that you shall not supply or make available the Products to minors or vulnerable persons.

You warrant that the purchase of the Products is for use at your Registered Studio only and you warrant and undertake not to sell or offer for sale the Products to consumers or unregistered studios.

All orders are subject to acceptance in accordance with our order acceptance policy

We shall not unless by our own negligence be held liable for any loss you suffer if a third party procures unauthorised access to any data you provide.

All Products are subject to availability.

A contract is made between us and the Purchaser as follows:

the Products are placed on the Website as an invitation to treat only;

the Purchaser places the order on the Website by emailing us, clicking an order key or by calling us and this is your offer to purchase the Products;

once payment is received and cleared through our bank account your offer to purchase the Products shall be deemed accepted.

If you have provided us with a valid e-mail address we will send you an acknowledgement of that order by e-mail. This will set out the Product(s) ordered. Please note that this is not an order confirmation or order acceptance from us.

Your order may not be accepted for the following reasons:

the Product ordered is not in stock;

you are not a Registered Studio;

you were not eligible to make an order in accordance with the Conditions;

you are not eligible under any relevant laws, regulations, statute or similar to purchase and/or sell the Products;

we could not acquire the necessary authorisation for payment or we discovered a problem receiving your payment;

there was an error with the description of the Products or matters relating to the Products.

We reserve the right to reject for any reasonable and lawful reason any offer to purchase by you at any time.

Payment

The Purchaser confirms that they have the right to make the payment and to use the method of payment elected by the Purchaser. If there is an issue with payment transaction for any reason we shall not be liable for any delay or non-delivery.

We reserve the right to withdraw any Products from the Website at any time and/or remove or alter the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will notify you if the order is not accepted. We will not be liable for withdrawing any Product from the Website even if that Product has been ordered; nor shall we be liable for refusing to process a transaction even where processing has commenced.

Risk and title to the Products transfers to the Purchaser on receipt of payment.

The Purchaser must:

provide their real name, studio name, position within the business, phone number, e-mail address, payment details and other requested information;

provide a delivery address.

Limitation of liability

This Website and the Content is designed for people accessing it from within the United Kingdom and we make no representation that any Products displayed for information only on the Website is appropriate for use, or available outside of that territory. Where your order is for delivery to a territory outside of the United Kingdom you warrant that you have the right in that territory to purchase the Products and that use of the Products in the territory shall be lawful. You agree to fully indemnify, defend us and hold us harmless against any losses, costs, fines and/or payments we may incur as a consequence of our delivery of your order.

We recommend spot testing or consultation with a dermatologist prior to use of the Products.

We do not warrant (expressly or impliedly) that the function, operation or accessibility of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or its server will be free of viruses or other harmful elements. It is a condition of you visiting and a using the Website that you agree to these Conditions and you acknowledge and accept that access is at your own risk. We shall not be liable for damages consequential or otherwise related to your use of or inability to access the Website subject to any legislation or law to the contrary. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

We have made every effort to display the Products featured on the Website as accurately as possible. However, the colours used may appear quite different on the device that you are viewing. We will not be held responsible for the limitations of technology and cannot guarantee that your device’s display of any colour, texture, or detail of actual merchandise will be accurate.

We do not make claims to the accuracy, either expressed or implied of the Content of the Website. We reserve the right to amend errors, make changes to the Website or to the Product information at any time without prior notice and without any liability on our part. To the fullest extent permitted by law, we disclaim all warranties, expressed or implied.

There may be links on the Website to other websites which are not under our control. If you click on any of these external links, you will then leave the Website to other websites which we have no control over and will accept no responsibility or liability for the Content, accuracy or any other aspects of any website that is not under its control. An inclusion of a link does not imply our endorsement of any other site, site owner or content.

Subject to fraudulent or negligent misrepresentations, we will not be liable for any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); any loss of goodwill or reputation; or any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

Our liability under any contract for Products purchased shall be limited to the value of your order.

We shall not be under any liability to you due to our failure, delay or default in carrying out all or any of our obligations under these Conditions due in whole or in part to an event of Force Majeure.

Nothing in our Conditions or on the Website shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.

Nothing in our Conditions or on the Website shall affect your statutory rights.

Intellectual Property

The Content of the Website and the rights in and to the Content is owned and controlled by us or licensed to us.

The Trade Marks used on the Website are our registered and unregistered marks and are protected by English and international trade mark laws.

You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Compliance with laws

This Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through our Website.

Severability

If any part of the Conditions shall be deemed, by a court (or similar authority) of competent jurisdiction, unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severed from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Third Party Rights

For the avoidance of doubt nothing contained in these Conditions shall confer on any third party any benefit or the right to enforce any term of these Conditions or any contract with us.

Waiver

No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.

Entire agreement

You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save in so far as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation.

Law and jurisdiction

The Conditions shall be governed by and construed in accordance with the laws of England the courts of which shall have exclusive jurisdiction.

Newsletter Opt-Out Policy

Opting Out of Our Newsletters

Killer Ink Tattoo will only send you e-mails that are deemed relevant to you based upon your e-mail subscription criteria. Presently, Killer Ink Tattoo only e-mails newsletters for its customers, and sends transactional e-mails through our eCommerce software.

Our newsletter, which is currently only for past customers or customers who have explicitly signed up will provide you the option to stop your e-mail subscription, which will instruct Killer Ink Tattoo to remove you from our newsletter mailing list. Our newsletters will include an opt-out notice and unsubscribe link at the footer of the message. This notice will contain instructions for you to follow in order to opt-out from receiving further newsletters from us.

Recipients have the ability to stop receiving e-mails from Killer Ink Tattoo at any time. In the event you find our newsletters are no longer relevant to you based on your needs, you may directly unsubscribe as well by visiting the newsletter section within your customer account. We will never share your details with 3rd parties.